Friendly judicial challenges from the North: The decision of the Canada Supreme Court in <i>Nevsun Resources Ltd v Araya</i>
Bibliographic record
Abstract
The recent decision of the Supreme Court of Canada in Nevsun Resources Ltd v Araya and others (International Human Rights Program and others intervening) is worthy of the attention of the common law world. The case interrogated, albeit in relation to the preliminary issue of the striking out of a claim, significant aspects of the relationship between domestic law and customary international law. The doctrine of ‘act of state’ and the nature and extent of the incorporated norms of international law were examined in rich detail and the differing opinions by the Justices present important albeit conflicting guidance for their foreign counterparts. Other apex courts will have to make what they will of the Nevsun decision that it is possible that local corporations can be held liable in domestic law for breach of customary international norms in respect of their acts or those of their subsidiaries in foreign countries.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.032 | 0.017 |
| Scholarly communication | 0.015 | 0.003 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.014 | 0.018 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".